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Thu Dec 18, 2014, 02:04 PM

 

Judge won't release former Alabama Governor Siegelman on appeal bond

Last edited Thu Dec 18, 2014, 08:16 PM - Edit history (2)

Source: Tuscaloosa News quoting Associated Press report

MONTGOMERY | A federal judge on Thursday refused to free former Alabama Gov. Don Siegelman from prison while he continues to appeal his 2006 bribery conviction.

Siegelman has raised significant issues, but the 11th U.S. Circuit Court of Appeals is unlikely to grant Siegelman a new trial since the court has already rejected similar arguments from his co-defendant, Richard Scrushy, U.S. District Judge Clay Land of Georgia said in his 31-page order.

Siegelman attended a Monday hearing in Montgomery before Land while shackled and wearing a red jail jumpsuit. The former Democratic governor is arguing his 2006 trial was tainted by the involvement of a prosecutor with ties to GOP politics. His lawyers also say the trial judge made legal mistakes when sentencing Siegelman.

Then-U.S. Attorney Leura Canary announced her recusal from the investigation in 2002, three years before Siegelman was indicted, after Siegelman's lawyer made an issue of her husband's work in GOP politics. Siegelman's lawyers argued she still remained improperly involved in the case.


Read more: http://www.tuscaloosanews.com/article/20141218/NEWS/141219657?tc=cr



THIS IS BULL----- of the highest {dis}ORDER

There are several witnesses (and ex Karl Rove gal Jill Simpson);
who have testified that U.S. Attorney Canary faked her recusal.

[br][hr][br]

[div class="excerpt" style="background-color:#b0c4de"] [center]

[font color=Blue size=4 face="Comic Sans MS"][center]UPDATE -Link to Judge Land's 31 page Order[/font][/center]


[font size=3]https://s3.amazonaws.com/s3.documentcloud.org/documents/1383048/siegelman-order.pdf [/font]
[/center][/width]

[br][hr][br]



[br][hr][br]

LINK Of Governor Siegelman's appeal to 11th Circuit - detailing U.S. Attorney Canary bad faith dealings.

http://media.al.com/wire/other/Siegelman%20appeal%20to11th%20Circuit.pdf

[br]

80 replies, 9762 views

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Reply Judge won't release former Alabama Governor Siegelman on appeal bond (Original post)
laserhaas Dec 2014 OP
laserhaas Dec 2014 #1
diabeticman Dec 2014 #2
onecaliberal Dec 2014 #3
NoJusticeNoPeace Dec 2014 #51
laserhaas Dec 2014 #52
laserhaas Dec 2014 #4
geretogo Dec 2014 #5
laserhaas Dec 2014 #6
blackspade Dec 2014 #7
laserhaas Dec 2014 #8
Omaha Steve Dec 2014 #9
laserhaas Dec 2014 #10
madville Dec 2014 #16
red dog 1 Dec 2014 #59
laserhaas Dec 2014 #63
okaawhatever Dec 2014 #69
msanthrope Dec 2014 #18
okaawhatever Dec 2014 #68
NYC Liberal Dec 2014 #80
bluestateguy Dec 2014 #11
msanthrope Dec 2014 #20
KT2000 Dec 2014 #12
laserhaas Dec 2014 #13
gregcrawford Dec 2014 #14
laserhaas Dec 2014 #15
Enthusiast Dec 2014 #34
laserhaas Dec 2014 #54
99th_Monkey Dec 2014 #17
msanthrope Dec 2014 #19
99th_Monkey Dec 2014 #23
msanthrope Dec 2014 #24
former9thward Dec 2014 #25
laserhaas Dec 2014 #26
former9thward Dec 2014 #27
laserhaas Dec 2014 #45
former9thward Dec 2014 #50
laserhaas Dec 2014 #77
99th_Monkey Dec 2014 #30
msanthrope Dec 2014 #32
msanthrope Dec 2014 #33
msanthrope Dec 2014 #31
deurbano Dec 2014 #36
99th_Monkey Dec 2014 #40
msanthrope Dec 2014 #48
24601 Dec 2014 #62
24601 Dec 2014 #64
laserhaas Dec 2014 #37
former9thward Dec 2014 #39
laserhaas Dec 2014 #42
msanthrope Dec 2014 #46
deurbano Dec 2014 #35
laserhaas Dec 2014 #38
msanthrope Dec 2014 #49
MADem Dec 2014 #75
MADem Dec 2014 #73
former9thward Dec 2014 #74
MADem Dec 2014 #76
okaawhatever Dec 2014 #70
Botany Dec 2014 #21
project_bluebook Dec 2014 #22
Jefferson23 Dec 2014 #28
Indydem Dec 2014 #29
Kingofalldems Dec 2014 #41
Octafish Dec 2014 #43
laserhaas Dec 2014 #44
laserhaas Dec 2014 #47
Name removed Dec 2014 #53
mentalsolstice Dec 2014 #55
nilesobek Dec 2014 #56
laserhaas Dec 2014 #57
nilesobek Dec 2014 #58
laserhaas Dec 2014 #60
red dog 1 Dec 2014 #61
laserhaas Dec 2014 #65
red dog 1 Dec 2014 #66
madville Dec 2014 #67
sketchy Dec 2014 #71
MADem Dec 2014 #72
laserhaas Dec 2014 #78
laserhaas Dec 2014 #79

Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:09 PM

1. Judge stated there were trial abuses evident.

 

Justice Land remarked that Siegelman was prevented from investigating (discovery) of Canary's interference's.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:10 PM

2. This poor guy got railroaded big time.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:14 PM

3. Holy crap....

I hope those who have kept this poor man behind bars rot in hell. Unfuckingbelievable.

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Response to onecaliberal (Reply #3)

Thu Dec 18, 2014, 06:33 PM

51. I cant get angrier than I am right now, Obama needs to pardon NOW

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Response to NoJusticeNoPeace (Reply #51)

Thu Dec 18, 2014, 06:40 PM

52. Cool moniker (of which I emphatically concur)

 

Justice is a aberration in this country - most times.

Especially here.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:17 PM

4. I'm a grown frigg'n 58 year old man - and I'm crying.

 

It Sucks.

It's Wrong.

And I'm PISSED!

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:20 PM

5. This is what can happen to any of us if we dare to go against the corrupt autoritarian corporate

state .

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Response to geretogo (Reply #5)

Thu Dec 18, 2014, 02:24 PM

6. I know all too well "geretogo"......

 

It's a miracle that I'm still in one piece and able to irk Mitt's crown.

This is BULL - over 100 current and former AG's are on the record stating this case is SO wrong!

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:25 PM

7. Wow, They are desparate to keep him under lock and key.

A travesty.

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Response to blackspade (Reply #7)

Thu Dec 18, 2014, 02:29 PM

8. He knows something that is probably the only thing keeping him in one piece

 

Manifest Injustice is when a U.S. Attorney can give false testimony;
and Judge's don't care - because other judge's Don't Care!

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:30 PM

9. Why no POTUS pardon?


That would end it.

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Response to Omaha Steve (Reply #9)

Thu Dec 18, 2014, 02:32 PM

10. It would kick Rove and his gang - right in the f.... GUT

 

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Response to Omaha Steve (Reply #9)

Thu Dec 18, 2014, 03:24 PM

16. The prosecutors have worked for Eric Holder and Pres. Obama since 2009

They've been working to keep him in prison for over 5 years, why would they pardon him now?

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Response to madville (Reply #16)

Thu Dec 18, 2014, 07:32 PM

59. + 1000

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Response to red dog 1 (Reply #59)

Thu Dec 18, 2014, 08:07 PM

63. Question is WHY?

 

What does he know?

How did he piss them off so?

Or - is it just KKK-bammy law - that Dems aren't allowed...

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Response to madville (Reply #16)

Fri Dec 19, 2014, 12:02 AM

69. That is absolute bull$hit. The federal prosecutor was appointed by Bush and is the primary problem

with the initial court case. She lied about recusing herself (so the Siegelman attorneys claim, but are awaiting their day in court). The GOP have blocked every single attempt to replace Canary or any judges. They have too much to lose. Senator Shelby claims it is because he disagrees with the appointee, but they switched appointees and he still wouldn't release the hold on the nomination.

Also, Obama sent a White House attorney to interview Siegelman about a possible pardon. Obama sent a real heavy hitter (led the Clinton team during his impeachment, and represented John Hinckley). The attorney decided to take the case instead.

NOTE: SIEGELMAN HAS NOT APPLIED FOR A PARDON!!!!!

Stop the Obama bashing and learn the facts of the case.

http://blog.al.com/wire/2013/07/former_white_house_counsel_for.html

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Response to Omaha Steve (Reply #9)

Thu Dec 18, 2014, 03:52 PM

18. He hasn't filled for a pardon. Although CT and ODS abound on this issue, the fact is that

 

no pardon has been asked for.

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Response to Omaha Steve (Reply #9)

Thu Dec 18, 2014, 11:53 PM

68. Obama sent a White House attorney to interview Siegelman about a possible pardon

The attorney ended up taking on his case instead. The attorney seems like the LeBron James of attorneys.

In addition to working for Obama, Craig led the team of lawyers that defended President Clinton against impeachment in 1998. He was Sen. Edward Kennedy's senior adviser on defense, foreign policy and national security issues from 1984-1988. And in 1981-82, he represented John Hinckley Jr., who shot President Ronald Reagan and three other men in 1981 but was found not guilty by reason of insanity.

Gregory B. Craig, who was White House counsel from January 2009 to January 2010, visited Siegelman at the federal detention center in Oakdale, La., according to Siegelman's son, Joseph Siegelman, and Peter Sissman, who has worked on the former governor's case for four years.

Sissman said Craig's initial involvement in Siegelman's case concerned a possible request for executive clemency through a pardon or commutation. He said Craig's involvement grew after visiting Siegelman in prison.

"He became very interested in the rest of the case," Sissman said. "And he said, 'We'll take over the new trial motion part of the case if the Court of Appeals will give us an extra 60 days.' "


http://blog.al.com/wire/2013/07/former_white_house_counsel_for.html

A little cut and pasting on the above paragraphs but I think you can put the puzzle pieces together.

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Response to Omaha Steve (Reply #9)

Tue Dec 23, 2014, 12:24 PM

80. Accepting a pardon is a de facto admission of guilt.

A commutation is probably better.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:38 PM

11. I'm distressed that Obama left him off of this year's pardon list

This has gone on far too long.

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Response to bluestateguy (Reply #11)

Thu Dec 18, 2014, 03:56 PM

20. Of course he's off the pardon list!!! He hasn't FILED for one! nt

 

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 02:50 PM

12. WTH! he was shackled?

Obama needs to get on this.

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Response to KT2000 (Reply #12)

Thu Dec 18, 2014, 02:55 PM

13. Yup. Judge left it up to the prosecutors, about the shackling.

 

Don't blame them (sort of) -----

I my group had put a man in prison falsely;
I'd worry the abused would want to choke me to death - too!

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 03:12 PM

14. The cesspool of corruption that defines southern politics is bottomless

Which is not to say that northern politics are much better. Look at Christie and Cuomo. But railroading a governor on transparently trumped-up charges is repugnant, even by Alabama standards.

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Response to gregcrawford (Reply #14)

Thu Dec 18, 2014, 03:19 PM

15. Corruption, the white/redneck ways - is a profession in Bam'ee

 

If U.S. Attorneys can give false testimony to keep a Governor in jail;
then there's no such thing as Law and Justice.

Only, money, power and might makes RIGHT.

Who are (almost always) in the wrong...

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Response to gregcrawford (Reply #14)

Thu Dec 18, 2014, 04:46 PM

34. Oh, it has spread to the North. It's corruption from sea to shining sea.

This corruption is a reflection on every politician, law enforcement employee and judicial employee in the nation. They should be deeply ashamed. They have ruined the nation.

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Response to Enthusiast (Reply #34)

Thu Dec 18, 2014, 06:43 PM

54. It sure is a sad state of affairs

 

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 03:42 PM

17. How does the Obama-right-or-wrong gang explain this one?

 

The fact that Obama is refusing to commute or pardon Don Siegelman?

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Response to 99th_Monkey (Reply #17)

Thu Dec 18, 2014, 03:55 PM

19. Um..he hasn't filed for a pardon, or a commutation. And if President Obama is gonna start

 

raining pardons from the sky, I've got a few names--people sentenced unjustly for their color--- who have been in for decades, can't afford private counsel, and don't have the funds to either mount expensive appeals, file for pardons, or get press coverage.

The Governor should do the paperwork. I wish him well.

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Response to msanthrope (Reply #19)

Thu Dec 18, 2014, 04:07 PM

23. It's not like Obama has not been asked.

 

Obama reportedly (in DailyKos) went "shoulder to shoulder" with GWBush
regarding Seigleman, and even pushed for a longer sentence.
http://www.dailykos.com/story/2012/06/05/1097552/-Gov-Don-Siegelman-Facing-20-Years-Obama-Pushes-for-Long-Sentence

Here DS's own kids are pleading with Obama publicly to pardon their Dad
https://www.change.org/p/president-obama-please-restore-justice-and-pardon-my-dad

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Response to 99th_Monkey (Reply #23)

Thu Dec 18, 2014, 04:15 PM

24. Are you kidding me? The politically connected ex-Gov should be able to circumvent the pardon

 

process because his kids write a petition?

A petition?

Currently, change.org is hosting a "Let's Deport Justin Beiber" petition, too. Should ICE get right on that?

As for Obama asking for a longer sentence, people who claim that only reveal how little they know of the courts. The Obama DOJ and the Bush DOJ asked for the same sentencing range...which is what ANY DOJ would do. Only an idiot completely unfamiliar with how sentencing works--like the Kos diary writer--would suggest that Obama asked for "20 years more."

Ironically--Siegelman benefitted from Jeffrey Skilling. Wanna talk about how that happened?

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Response to msanthrope (Reply #24)

Thu Dec 18, 2014, 04:31 PM

25. A pardon can't be applied for until five years after release.

Under the Department's rules governing petitions for executive clemency, an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. The waiting period begins to run on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in a sentence that did not include any form of confinement, the waiting period begins on the date of sentencing.

http://www.justice.gov/pardon/forms.htm

So let's stop with "he hasn't asked for a pardon" nonsense.

He can apply for a commutation of a sentence. However:

4. Completion of court challenges

A request for a commutation of a prison sentence generally is not accepted unless and until a person has begun serving that sentence. In addition, a commutation request generally is not accepted from a person who is currently challenging his or her conviction or sentence through appeal or other court proceeding. Accordingly, you should not complete and submit this petition until you have concluded all judicial challenges to your conviction and sentence and you have begun serving your sentence. You should also be aware that, in evaluating the merits of a commutation petition, clemency authorities take into consideration the amount of time the petitioner has already served and the availability of other remedies to secure the relief sought (such as parole or judicial action).

http://www.justice.gov/pardon/commutation_instructions.htm

Siegelman is still in appeals so he can't apply. There is nothing stopping Obama from granting either a pardon or commutation on his own. That is his Constitutional right which is not allowed to be impeded or questioned.

Every time there is a thread on this you come in to provide cover for Obama by saying there has been no application. Now other posters will see what you are doing.

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Response to former9thward (Reply #25)

Thu Dec 18, 2014, 04:33 PM

26. The advocate is always a contrarian about anything Laser is for.

 

Give it no mind - the Governor has a great legal team - who knows what they are doing.

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Response to laserhaas (Reply #26)

Thu Dec 18, 2014, 04:37 PM

27. I don't agree with all your posts

but I do agree with you there.

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Response to former9thward (Reply #27)

Thu Dec 18, 2014, 06:06 PM

45. OOPs - whammy laser fell over backwards just now.

 

That's okay -

your agree afflict will pass soon

I'm sure


Meantime - HAPPY HOLIDAYS! (or did I just misspeak again - oops)

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Response to laserhaas (Reply #45)

Thu Dec 18, 2014, 06:28 PM

50. Happy Holidays to you.

Hope the next year will bring better legal news.

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Response to former9thward (Reply #50)

Sat Dec 20, 2014, 09:58 PM

77. that,s kind of you

 

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Response to laserhaas (Reply #26)

Thu Dec 18, 2014, 04:41 PM

30. +10 good to know. Thanks. nt

 

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Response to 99th_Monkey (Reply #30)

Thu Dec 18, 2014, 04:41 PM

32. And he's completely wrong--as I demostrate in post 31, using his own links. nt

 

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Response to laserhaas (Reply #26)

Thu Dec 18, 2014, 04:44 PM

33. Laser....all any DUer on this board need do is run your username in the helpful box provided

 

by admin along with the term "vexatious litigant." I am not so much contrary to you as I am contemptuous of your court filings, although not you as a person.

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Response to former9thward (Reply #25)

Thu Dec 18, 2014, 04:41 PM

31. Oh dear---your own link refutes you.....

 

1) You can apply for waiver of the time. Interestingly, you forgot to include that paragraph. Why?

FROM YOUR OWN LINK--

A waiver of any portion of the waiting period is rarely granted and then only in the most exceptional circumstances. In order to request a waiver, you must complete the pardon application form and submit it with a letter explaining why you believe the waiting period should be waived in your case.


2) As for commutation,

a) nothing prevents Siegelman from submitting now---"generally is not accepted" means that some are, if the circumstances require it, and

b) nothing prevents Sigelman from dropping his appeals.


Do me a favor.....the next time you give me DOJ links, remember that I am a criminal defense attorney who has actually done this work.

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Response to msanthrope (Reply #31)

Thu Dec 18, 2014, 05:08 PM

36. Holder appears to disagree.



http://blog.al.com/wire/2013/05/tennessee_congressman_to_ag_er.html
By George Talbot | gtalbot@al.com
on May 22, 2013

WASHINGTON - U.S. Rep. Steve Cohen, D-Tenn., is calling on the Obama administration to free former Alabama Gov. Don Siegelman from prison…

....Cohen, a lawyer from Memphis, made a direct appeal to U.S. Attorney General Eric Holder during a House Judiciary Committee hearing on May 15. Cohen noted that 113 former state attorneys general and Vice President Joe Biden support Siegelman's bid for freedom.

“The president could pardon him now,” Cohen said to Holder, urging him to review the case.
Holder responded that Siegelman was not eligible to apply for a pardon because he’s currently serving his sentence, and a commutation was not possible because he has an appeal.

“There are procedural issues,” Holder said. “Those are obviously problematic in regards to the relief you are seeking.”

Cohen replied that president was not bound by Justice Department regulations, prompting Holder to agree: “The president’s pardon power is close to absolute.”

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Response to deurbano (Reply #36)

Thu Dec 18, 2014, 05:14 PM

40. Very helpful information. Thank you.

 

Not sure if Holder is telling the truth, but it's good to know what Team Obama's account of
why they are not pardoning Don Seigelman.

What a FUBAR mess his case has become.

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Response to deurbano (Reply #36)

Thu Dec 18, 2014, 06:20 PM

48. As I've said before....the governor should and can fill out the paperwork. If and when he

 

does, his case should be reviewed.

Unless, of course, you want President Obama to pull a Dick Cheney?

Frankly...if President Obama is going to start raining down pardons from the sky, there are hundreds upon hundreds of people who are in prison, unjustly sentenced for their color, who lack attorneys, money, and publicity.

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Response to msanthrope (Reply #48)

Thu Dec 18, 2014, 08:05 PM

62. Who did Cheney pardon? I thought he might wait until Bush was out for his Colonoscopy, when Cheney

had all presidential powers and was, per the 25th Amendment, "acting President", and use the opportunity to pardon Scooter Libby. But he didn't. They made no secret over their disagreement in the Libby case - so I've wondered why Cheney didn't use the power he held briefly.

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Response to msanthrope (Reply #48)

Thu Dec 18, 2014, 08:09 PM

64. Or were you thinking of Bill Clinton and the Marc Rich Pardon? Here's link to information on Bill

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Response to msanthrope (Reply #31)

Thu Dec 18, 2014, 05:09 PM

37. I know that you are a tool for bad faith interests

 

And only care to destroy the truth n justice in quasi legal (Color of Law) ways

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Response to msanthrope (Reply #31)

Thu Dec 18, 2014, 05:11 PM

39. "the most exceptional circumstances"

Which is bureaucratic speak for never.

Nothing prevents Siegleman from dropping appeals. Well I guess you would have been happy if he just plead guilty and be done with it. It would have saved everyone so much trouble.

I know you claim to be a defense attorney. But judging from the content of your posts I would steer people away from you if I could.

Posters can read the requirements I posted and they can read your posts. They will know what the truth is despite your constant attempts to provide cover for Obama's inaction on this case.

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Response to former9thward (Reply #39)

Thu Dec 18, 2014, 05:28 PM

42. The Truth Need No Disguise (In re Hazel ATlas Glass v Hartford Empire U.S. Sup Ct. 1994)

 

Drives me nuts too - but you can't take it personal - when ebol persons rock the boat.

Just hang on to friends and life preservers (in these cases the truth)

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Response to former9thward (Reply #39)

Thu Dec 18, 2014, 06:15 PM

46. I actually think Siegelman deserves review. And he's lucky enough, that unlike the vast majority of

 

federal prisoners.....he has the money and lawyers to foment appeals, pardons, and publicity. The fact is that President Obama cannot--and should not interfere in another branch of government.

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Response to former9thward (Reply #25)

Thu Dec 18, 2014, 05:05 PM

35. Holder agrees president not bound by DOJ regs: “The president’s pardon power is close to absolute.”


http://blog.al.com/wire/2013/05/tennessee_congressman_to_ag_er.html
By George Talbot | gtalbot@al.com
on May 22, 2013

WASHINGTON - U.S. Rep. Steve Cohen, D-Tenn., is calling on the Obama administration to free former Alabama Gov. Don Siegelman from prison…

... “He got railroaded,” Cohen said in an interview this week, claiming that Siegelman’s conviction was the result of Republican operatives trying to block him from a second term. “Each day he stays in prison is a grave injustice.”

Cohen, a lawyer from Memphis, made a direct appeal to U.S. Attorney General Eric Holder during a House Judiciary Committee hearing on May 15. Cohen noted that 113 former state attorneys general and Vice President Joe Biden support Siegelman's bid for freedom.

“The president could pardon him now,” Cohen said to Holder, urging him to review the case.
Holder responded that Siegelman was not eligible to apply for a pardon because he’s currently serving his sentence, and a commutation was not possible because he has an appeal.

“There are procedural issues,” Holder said. “Those are obviously problematic in regards to the relief you are seeking.”

Cohen replied that president was not bound by Justice Department regulations, prompting Holder to agree: “The president’s pardon power is close to absolute.”

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Response to deurbano (Reply #35)

Thu Dec 18, 2014, 05:10 PM

38. Correct - Just ask Nixon.

 

By the way -

it is a quaint note that Nixon is the one who signed the 1970 RICO Act into law.

Ironic

or

Sardonic

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Response to laserhaas (Reply #38)

Thu Dec 18, 2014, 06:21 PM

49. So you want President Obama to act like Gerry Ford? nt

 

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Response to laserhaas (Reply #38)

Sat Dec 20, 2014, 01:01 PM

75. Or Clinton, (Marc Rich) or George H. W. Bush (Cap Weinberger)...

Or FORD...who pardoned Nixon.

But then you go on and have a look at the specifics of those pardons, and you will notice that:

Nixon was on his way out the door via resignation to escape impeachment.

Clinton had finished up his two terms, and was on his way out the door when he dropped that Rich bomb.

GHWB pardoned Cap Weinberger after he failed to win re-election, and after Cap threatened to take him down with him.

Ford pardoned Nixon...and that was the END of his political career.

No President does a "WTF--Jesus, man, that was POLITICAL!!!!" pardon (even one that would appear justified to those on the President's team) unless they are on their way OUT the door. These are 11th Hour events. No one pardons cases with political overtones if they have to hang around and take the heat.

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Response to former9thward (Reply #25)

Sat Dec 20, 2014, 12:50 PM

73. And doesn't the party requesting pardon have to ADMIT GUILT?? I thought that was a piece of the

pie....? Not that it can't ever happen, but the bar is high....

Yep....here it is: http://www.justice.gov/pardon/petitions.htm

(A document that belongs to We, The People, thus no copyright limitations...)


In general, a pardon is granted on the basis of the petitioner's demonstrated good conduct for a substantial period of time after conviction and service of sentence. The Department's regulations require a petitioner to wait a period of at least five years after conviction or release from confinement (whichever is later) before filing a pardon application (28 C.F.R. § 1.2). In determining whether a particular petitioner should be recommended for a pardon, the following are the principal factors taken into account.

1. Post-conviction conduct, character, and reputation.

An individual's demonstrated ability to lead a responsible and productive life for a significant period after conviction or release from confinement is strong evidence of rehabilitation and worthiness for pardon. The background investigation customarily conducted by the FBI in pardon cases focuses on the petitioner's financial and employment stability, responsibility toward family, reputation in the community, participation in community service, charitable or other meritorious activities and, if applicable, military record. In assessing post-conviction accomplishments, each petitioner's life circumstances are considered in their totality: it may not be appropriate or realistic to expect "extraordinary" post-conviction achievements from individuals who are less fortunately situated in terms of cultural, educational, or economic background.

2. Seriousness and relative recentness of the offense.

When an offense is very serious (e.g., a violent crime, major drug trafficking, breach of public trust, or white collar fraud involving substantial sums of money), a suitable length of time should have elapsed in order to avoid denigrating the seriousness of the offense or undermining the deterrent effect of the conviction. In the case of a prominent individual or notorious crime, the likely effect of a pardon on law enforcement interests or upon the general public should be taken into account. Victim impact may also be a relevant consideration. When an offense is very old and relatively minor, the equities may weigh more heavily in favor of forgiveness, provided the petitioner is otherwise a suitable candidate for pardon.

3. Acceptance of responsibility, remorse, and atonement.

The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to its victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication. While the absence of expressions of remorse should not preclude favorable consideration, a petitioner's attempt to minimize or rationalize culpability does not advance the case for pardon. In this regard, statements made in mitigation (e.g., "everybody was doing it," or "I didn't realize it was illegal" should be judged in context. Persons seeking a pardon on grounds of innocence or miscarriage of justice bear a formidable burden of persuasion.

4. Need for relief.

The purpose for which pardon is sought may influence disposition of the petition. A felony conviction may result in a wide variety of legal disabilities under state or federal law, some of which can provide persuasive grounds for recommending a pardon. For example, a specific employment-related need for pardon, such as removal of a bar to licensure or bonding, may make an otherwise marginal case sufficiently compelling to warrant a grant in aid of the individual's continuing rehabilitation. On the other hand, the absence of a specific need should not be held against an otherwise deserving applicant, who may understandably be motivated solely by a strong personal desire for a sign of forgiveness.

5. Official recommendations and reports.

The comments and recommendations of concerned and knowledgeable officials, particularly the United States Attorney whose office prosecuted the case and the sentencing judge, are carefully considered. The likely impact of favorable action in the district or nationally, particularly on current law enforcement priorities, will always be relevant to the President's decision. Apart from their significance to the individuals who seek them, pardons can play an important part in defining and furthering the rehabilitative goals of the criminal justice system.


The truth of the matter, though, is Obama can do whatever the f0000ck Obama wants, when it comes to pardons. They are HIS prerogative. That said, Congress and the public can make his life MISERABLE if he doesn't jump through the DOJ guidelines to offer pardons.

Remember Marc Rich? There's a reason why Clinton pardoned him at the 11th hour. Remember Cap Weinberger? There's a reason GHWBush pardoned HIM ("If I go down, I'm taking you bastards with me" or words to that effect) at the 11th hour. The pardons that will bring a world of shit on a President are always done at the end of the 2nd term--or after one has lost re-election to a 2nd term!!

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Response to MADem (Reply #73)

Sat Dec 20, 2014, 01:00 PM

74. Yes, but the problem with Obama waiting until the end of his term

is that in another 2 years I believe Siegelman will almost be at the end of his sentence. And in a prison atmosphere you never know what can happen in that 2 year period.

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Response to former9thward (Reply #74)

Sat Dec 20, 2014, 02:38 PM

76. The guy is pretty much screwed then--I don't think Obama will flout DOJ guidelines with 2 years left

to go. He COULD, but I doubt he would.

Also, since Siegelman hasn't asked for a pardon, I don't see Obama reaching out and giving him something he hasn't requested.

I will say that if Siegelman manages to convince a judge to let him out while he appeals, he should ask for house arrest w/ankle bracelet, so that time could be added towards his jail time if the appeal doesn't work out. He should have done that the first time around--he'd be that much closer to getting out and suing civilly if he'd have made that happen.

I should think, given the focus on him, that it is incumbent on his jailers to ensure his safety. He's in a country club, low security federal prison, closer to a dorm than a jail, not a "hard time" institution, and right now the chief law enforcement officer in the land is a Democrat. I don't think he has too much to worry about.

Here's where he's living, these days: http://www.bop.gov/locations/institutions/oad/

Congressman Jefferson, that Fastow guy from Enron, and that Worldcom crook are also residents there: http://en.wikipedia.org/wiki/Federal_Correctional_Institution,_Oakdale



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Response to 99th_Monkey (Reply #23)

Fri Dec 19, 2014, 12:07 AM

70. That is a bunch of bull$hit. Obama sent a heavy hitter down to Alabama to interview Siegelman

about a possible commutation/pardon. That attorney ended up taking over Siegelman's defense. But everything was waiting on the appeal process. Most thought he'd be granted a new trail.

SIEGELMAN HASN'T APPLIED FOR COMMUTATION OR PARDON, REMEMBER THAT. A NEW TRIAL WILL BRING OUT ALL SORTS OF REPUBLICAN UGLINESS. THAT MAY BE WHAT SIEGELMAN WANTS.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 04:03 PM

21. All this happened because Siegelman told the world that the 2002 election in Alabama was dirty

Siegelman did not do anything that 2 previous Governors had done ....
if i remember the case he appointed somebody to a board where the
board members are not paid.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 04:06 PM

22. Bush's boys went after him on trumpt up charges

 

He should have just tortured someone, he would have gotten away with that.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 04:37 PM

28. Obscene.n/t

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 04:38 PM

29. I wonder at what point many will accept

 

That he is GUILTY.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 05:15 PM

41. Sniveling republicans loving this one.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 05:56 PM

43. Persecuted to the fullest extent of the law for the crime of being a successful DEMOCRAT.

When more than 100 state Attorney Generals -- including a bunch of Republicans -- agree he was railroaded, there's a problem. Hearing he appeared in a red jump suit and shackled shows what kind of a nation this has become, a police state in service of the connected cronies of Karl Rove.

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Response to Octafish (Reply #43)

Thu Dec 18, 2014, 06:01 PM

44. If Senator Warren runs for POTUS; it will get MUCH worse

 

Cause the bad guys can't exist and do ebol deeds, if good guys/gals are in office.

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 06:17 PM

47. Novel legal question (possibly) for the legal eagles among U.S.

 

Can Obstruction of Justice be juxtaposed?

U.S. Attorney Canary "declared" she had nothing to do with Siegelman's case - after her recusal.

Can her falsity, once documented, be declared Obstruction; due to blocking Riley/Rove collusion to rig electoral processes?

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Response to laserhaas (Original post)


Response to Name removed (Reply #53)

Thu Dec 18, 2014, 06:57 PM

55. Uhm, you do know that Siegalman is a Democrat.

One of the good guys!

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 07:13 PM

56. I'm going to jump in and say that the sentencing seems excessive.

That's a helluva long time in prison for a non violent crime even if he is guilty. Mercy.

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Response to nilesobek (Reply #56)

Thu Dec 18, 2014, 07:23 PM

57. He's guilty of being a powerful Dem in a GOP world of power (that's losing control)

 

1 day was TOO extensive a sentence;
but they mean it to be a LIFE one (ya dig)...

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Response to laserhaas (Reply #57)

Thu Dec 18, 2014, 07:28 PM

58. What a nightmare of torture.

Even if you took a bribe wow. With all the corruption in politics what makes this guy's case so egregious that he needs such a harsh long sentence? The only humane thing to do is pardon him.

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Response to nilesobek (Reply #58)

Thu Dec 18, 2014, 07:34 PM

60. It's a politico world. One has to wonder what the Administration gets

 

for letting Siegelman's case stay en lame....

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 07:49 PM

61. Obama Justice Department Asked Judge To INCREASE Siegelman's Sentence

"In 2009, the Obama Justice Department requested that Judge Fuller sentence Siegelman to 20 more years in prison when his appeals were concluded.
The new administration stood shoulder-to-shoulder with it's Bush predecessors in continuing the frame-up and cover-up."
http://www.democraticunderground.com/10025113875/

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Response to red dog 1 (Reply #61)

Thu Dec 18, 2014, 08:14 PM

65. Holder is a Oligarch brown noser. Though it is good rids, don't except better from the lifer.

 

Just wish we knew what is REALLY going on here.....

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Response to laserhaas (Reply #65)

Thu Dec 18, 2014, 08:59 PM

66. Holder and Elena Kagen were just following orders from their boss, President Barack Obama

If you want to know "what is REALLY going on here", you'll have to ask President Obama

Meanwhile, anyone who wants to sign the petition to Obama to free Don Siegelman or wants to help out in any way can go to the website set up by Don's daughter;
http://www.donsiegelman.org/

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Response to laserhaas (Original post)

Thu Dec 18, 2014, 10:30 PM

67. He would be out already if he had served the original sentence

I know he wants to be vindicated but it's just weird that's it's already been that long ago, he was originally sentenced to 7 years in 2006 but didn't actually start the time until his appeal failed in 2009.

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Response to laserhaas (Original post)

Sat Dec 20, 2014, 11:09 AM

71. Did CBS News even mention this latest development?

I don't watch their evening news show anymore, so I'm wondering if anyone saw anything from them. Given that they had that 60 Minutes piece on him, one would think they would at least follow up.

I don't think any of the big three networks mentioned it at all.

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Response to laserhaas (Original post)

Sat Dec 20, 2014, 12:36 PM

72. I said this the last time he got out while appealing, and I'll say it again....

He should ask the damn judge for HOUSE ARREST--an ankle bracelet, a la Martha Stewart. That way, if things don't go well, his lawyers can petition that his ankle bracelet time count as "time served."

It may not be fun having to answer a phone periodically and limit one's travel, but it's better than doing a bit in stir. At least he can sleep in his own bed and cook himself up a snack if he's hungry, and enjoy a tv program when he feels like it.

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Response to MADem (Reply #72)

Sat Dec 20, 2014, 10:04 PM

78. will advise his legal team. thanks.

 

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Response to laserhaas (Original post)

Tue Dec 23, 2014, 12:00 PM

79. It's Christmas time and Governor Siegelman is in jail - STILL!

 

Justice is a concept that endures only through the temerity & tenacity of good people.

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